Chapter 1 - General Provisions

CHAPTER 1 - GENERAL PROVISIONS

 

ARTICLE 1 - IN GENERAL

 

14-1-101. Age of majority; rights on emancipation.

 

(a) Upon becoming eighteen (18) years of age, an individualreaches the age of majority and as an adult acquires all rights andresponsibilities granted or imposed by statute or common law, except asotherwise provided by law.

 

(b) A minor may consent to health care treatment to the sameextent as if he were an adult when any one (1) or more of the followingcircumstances apply:

 

(i) The minor is or was legally married;

 

(ii) The minor is in the active military service of the UnitedStates;

 

(iii) The parents or guardian of the minor cannot with reasonablediligence be located and the minor's need for health care treatment issufficiently urgent to require immediate attention;

 

(iv) The minor is living apart from his parents or guardian and ismanaging his own affairs regardless of his source of income;

 

(v) The minor is emancipated under W.S. 14-1-201 through14-1-206;

 

(vi) The minor is twelve (12) years of age or older, is a smokeror user of tobacco products and the health care to which the minor consents isa tobacco cessation program approved by the department of health pursuant toW.S. 9-4-1204.

 

(c) The consent given pursuant to subsection (b) of thissection is not subject to disaffirmance because of minority.

 

(d) Any competent adult may enter into a binding contract andshall be legally responsible therefor.

 

(e) A person who is at least eighteen (18) years of age mayconsent to donate and may donate blood.

 

ARTICLE 2 - EMANCIPATION OF MINORS

 

14-1-201. Definitions.

 

 

(a) As used in this article:

 

(i) "Emancipation" means conferral of certain rightsof majority upon a minor as provided under this article and includes a minorwho:

 

(A) Is or was married;

 

(B) Is in the military service of the United States; or

 

(C) Has received a declaration of emancipation pursuant to W.S.14-1-203.

 

(ii) "Minor" means an individual under the age ofmajority defined by W.S. 14-1-101(a);

 

(iii) "Parent" means the legal guardian or custodian ofthe minor, his natural parent or if the minor has been legally adopted, theadoptive parent;

 

(iv) "This act" means W.S. 14-1-201 through 14-1-206.

 

14-1-202. Application for emancipation decree; effect of decree.

 

(a) Upon written application of a minor under jurisdiction ofthe court and notwithstanding any other provision of law, a district court mayenter a decree of emancipation in accordance with this act. In addition to W.S.14-1-101(b), the decree shall only:

 

(i) Recognize the minor as an adult for purposes of:

 

(A) Entering into a binding contract;

 

(B) Suing and being sued;

 

(C) Buying or selling real property;

 

(D) Establishing a residence;

 

(E) The criminal laws of this state.

 

(ii) Terminate parental support and control of the child andtheir rights to his income;

 

(iii) Terminate parental tort liability for the minor.

 

14-1-203. Application for emancipation decree; hearing; notice; rightsand liabilities of emancipated minor; conditions for issuance of decree; filingof decree; copy to applicant.

 

(a) Upon written application of a minor subject to personaljurisdiction of the court, a district court may enter a decree of emancipationin accordance with this act. The application shall be verified and shall setforth with specificity all of the following facts:

 

(i) That he is at least seventeen (17) years of age;

 

(ii) That he willingly lives separate and apart from hisparents;

 

(iii) That his parents consent to or acquiesce in the separateliving arrangement;

 

(iv) That he is managing his own financial affairs; and

 

(v) That the source of his income is not derived from meansdeclared unlawful under state or federal law or from assistance received underW.S. 42-2-104.

 

(b) The district court shall conduct a hearing on the minor'sapplication for emancipation within sixty (60) days after the date of filing. Notice of the hearing shall be given to the minor and his parents by certifiedmail at least ten (10) days before the date set for hearing.

 

(c) At the hearing, the court shall advise the minor of theeffect of emancipation pursuant to W.S. 14-1-202. These rights and liabilitiesshall be stated in the emancipation decree.

 

(d) The court may enter a decree of emancipation if the minoris at least seventeen (17) years of age and the court finds emancipation is inthe best interests of the minor. In making a determination, the court shallconsider if the:

 

(i) Minor's parents consent to the proposed emancipation;

 

(ii) Minor is living or is willing to live apart from hisparents and is substantially able to provide self-maintenance and supportwithout parental guidance and supervision;

 

(iii) Minor demonstrates he is sufficiently mature andknowledgeable to manage his personal affairs without parental assistance; and

 

(iv) Source of the minor's income is not derived from meansdeclared unlawful under state or federal law.

 

(e) Upon entry of a decree of emancipation, the court shallfile the decree with the county clerk of the county in which the childresides. A copy of the decree shall be issued to the minor.

 

(f) A declaration of emancipation shall be conclusive evidencethat the minor is emancipated, but emancipation may also be proved by otherevidence like any other fact.

 

14-1-204. Third party application; procedure.

 

(a) Any interested third party having dealings with anapparently emancipated minor may apply to the district court where that minoris domiciled or may be found for a declaration of emancipation.

 

(b) The application under this section shall be made inconformity with W.S. 14-1-203(a).

 

(c) Proceedings under this section shall be conducted inconformity with the requirements of W.S. 14-1-203.

 

14-1-205. Application to department of transportation for emancipatedstatus on driver's license; fee.

 

(a) Upon application of an emancipated minor, the department oftransportation shall indicate the minor's emancipated status on his Wyomingdriver's license or if without a driver's license, on the minor's Wyomingidentification card issued under W.S. 31-8-101.

 

(b) An applicant under this section shall pay two dollars($2.00) to the division. The state treasurer shall deposit the fees in themanner prescribed by law for driver's license and identification card fees.

 

14-1-206. Emancipated minor subject to adult criminal jurisdiction.

 

Anemancipated minor is subject to jurisdiction of adult courts for all criminaloffenses.